The Destruction of "The Norms"

Since Friday and the untimely death of Supreme Court Justice Ruther Bader Ginsburg, there’s been a lot of discussion about the SCOTUS.  Some of it deals with “norm-busting,” the idea that here in the US we have cherished “norms,” rules and procedures that simply MUST be followed when implementing things like, say, selecting a new Supreme Court Justice.  Amazingly (to some, not me), the loudest cries come from Republicans who worry that when/if Democrats and Joe Biden come to power, they’ll “pack” the Supreme Court with new justices beyond the “traditional” nine and shift the balance of power.  “Unfair if they do this,” the GOP bawls, which can be translated as “What a splendid idea – sorry we didn’t think of it first!”

No, seriously.

If you Google “norm-busting” you’ll find that the most norm-buster stories have to do with Trump and the Republicans.  Not as complainers, but as conspirators. 

Consider their last convention (Trump using the White House as a backdrop), violating the Hatch Act, using the White House to campaign, refusing to introduce the Speaker at the SOTU, not unveiling the previous President’s official WH portrait, not releasing his taxes…oh c’mon, you get the daily news, don’t you?  Well, one more – leaving the Supreme Court at EIGHT justices for 14 months (2016-7). 

For those of you who insist that we need to have nine justices right away because we’ve ALWAYS had nine justices (except that 14 month stretch noted above), know that the number originally was six, and was modified to nine in 1869.  We’ve made modifications to our Constitution, too (got rid of that problem 3/5^th man thing, let women vote, some other stuff), and while it’s hard to find a red hat who doesn’t know we have FIFTY great states, I’m old enough to know when we have 48.  And we had a flag to prove it.

For fun – find out how West Virginia became a state in 1863, and then find out which party “broke the norms” (hint: they wear red hats).  For extra fun, learn about Nevada, too (yup – that same party in an effort to hand on to the Presidency – where have we heard THAT before?).

It’s clear that, when it comes to norm-busting in the U.S., it’s been going on for a long, long time, and it seems that no matter what norm is being busted, there’s a good chance a Republican is behind it.  I’m sure the Democrats have had a few norm-busting moments (looking at YOU, FDR), but in our day and age the norm-busters tend to be elephants.

Elephants with bad memories, because besides being norm-busters they’re also hypocrites, making up new rules as they go along.  They either decry something Democrats are considering and then, when the smoke clears, do it themselves; or they do it first, then whine and bitch that it can’t be done now, “because it’s different because something something yargle bargle bleh.”

It’s like playing football with the kid who says to you,

“When we have the ball we need to go 8 yards in 5 plays and if we score a touchdown it’s 9 points and when you get the ball you need to go 13 yards in 3 plays and if you score a touchdown it’s 5 points.”

“But why is it different?” You ask.

“Simple – we’re headed south and the sun is in our eyes.  Oh, did I mention my brother will act as referee.”

Bottom line – when/if Joe Biden and the Democrats come to power in 2021 (I am an optimistic realist), they better DAMN WELL bust some norms.  Pack the court.  Bring in DC and Puerto Rico as states (fuck it – threaten to divide California into EIGHT STATES just so we have 60 and a nice, round number).  Ditch the Electoral College. Yes, I know that’s a long shot that requires the states to be on board, but it’s been tried before – in my lifetime – and considering that 6 of the last seven Republican Presidential candidates have LOST the popular, vote it’s an idea whose time has come.

If the Dems don’t do this, I will NEVER contribute to a ball-less Democrat again.  Of course, if they don’t do this, I may never have the opportunity to do so.  The norm-busting GOP may see to that in 2024.